Defence calls for acquittal in sexual assault trial for former military head of vaccine campaign
Complainant told the judge last month that Dany Fortin attacked her in 1988
WARNING: This article contains graphic content and may affect those who have experienced sexual violence or know someone affected by it.
The lawyer representing Maj.-Gen. Dany Fortin in his sexual assault trial wrapped her closing arguments Monday in a Quebec courtroom by calling for an acquittal.
Defence lawyer Isabel Schurman told the judge presiding over the case that the evidence does not prove Fortin's guilt beyond a reasonable doubt. She argued that even if the complainant's testimony was sincere, it was neither credible or reliable.
The Crown prosecutor will deliver her closing arguments on Tuesday.
The complainant — whose identity is protected by a publication ban — testified last month that she awoke in her military college dormitory room in 1988 to find Fortin "masturbating himself" with her hand. She testified that she told the attacker to "get off" her, a short struggle ensued and he pulled up his pants before leaving the room.
Fortin, the former head of Canada's COVID-19 vaccine campaign, was charged in 2021 with sexual assault. The incident is alleged to have happened when he was a cadet at the Royal Military College in Saint-Jean-sur-Richelieu, Que.
Fortin has denied any wrongdoing and has said he never had any physical contact with the complainant and never entered her room.
The Canadian Armed Forces is experiencing a sexual misconduct crisis. Fortin is one of several current and former senior Canadian military leaders who have been investigated, criminally charged or forced into retirement since 2021 from some of the most prestigious posts in the defence establishment.
Schurman pointed to what she called inconsistencies in what the complainant told police and her later testimony in court. She cited a statement the complainant gave to investigators in 2021 — that the attacker moved his hands toward her genitals during the assault. The woman later testified in court that that didn't happen and that she was stressed during her interview with police.
The complainant testified last month that she doesn't "100 per cent" remember what Fortin did beyond the masturbation because she was 'in shock and in panic."
The woman also told investigators she recognized Fortin by his French accent, but later testified that her attacker did not speak during the incident, Schurman said during her closing arguments.
Schurman noted that the complainant's former roommate and boyfriend at the time didn't verify her account of the assault.
Fortin also finished his testimony Monday morning. He used a map of the campus at the Royal Military College Saint-Jean to argue that, since the doors were unlocked to aid evacuation in the event of a fire, others had access to the complainant's room at the time of the alleged assault.
The complainant and Fortin both testified in September that student dormitories were unlocked at night in the barracks.
Schurman argued that if the assault did happen, her client was not the attacker.
Fortin later described photos from an RMC yearbook from that era. He told the presiding judge that another cadet had the same last name and they both went by the nickname "Fort."
During her cross-examination of Fortin, Crown prosecutor Diane Legault tried to establish that the other student with the same last name did not particularly resemble Fortin.
Fortin did not say whether he agreed with that assessment and also testified he wasn't close with the complainant.
Questioned by Legault about his drinking while a student, Fortin said there were regular themed parties during his time at RMC and he would have had two or three beers on a big night.
WATCH/ Military commander criticized for wearing full uniform and medals to civilian trial
Fortin appeared in court Monday dressed in his uniform and wearing his military medals — despite controversy over his decision to wear the outfit to civilian court.
Military sexual trauma survivors said last month that it was triggering to see Fortin in his uniform and called it an act of intimidation against the complainant.
In response, the military said it would decide whether members accused of crimes can wear uniforms in civilian court.
It's Not Just 20K (INJ20K), a volunteer-run advocacy group, said it gave feedback to Chief of Defence Staff Gen. Wayne Eyre on Oct. 10 and pushed for the Canadian Armed Forces to prohibit defendants from wearing their uniforms, while allowing expert witnesses to wear them during criminal trials.
The Department of National Defence says it's still examining the matter.
Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through this Government of Canada website or the Ending Violence Association of Canada database. If you're in immediate danger, or fear for your safety or that of others around you, please call 911.
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With files from Canadian Press and Ismael Sy